This is a thread about Facebook. And law.
So we had these cases lately about Facebook. It's labour law cases of employees getting fired because of Facebook. These started a few years ago but there is something new in these ones.
See, before, you could get fired for posting something on facebook because of your confidentiality settings like "ah ah ah, I told my boss I was sick to go to Eurodisney !" opened to everyone.
This is not a problem, it's even logical.
But in these new cases, the profiles were private. Some employees criticized their employer on their pages, and usually, what happens is that one of their "friends" also working their go tell the said employers.
The employer is pissed. Of course. And fires his employees who dared to criticize him behind his back.
Now this is interesting about the status of facebook. The rule is "you can't criticize your employer in public because it could cause him trouble. And you have an obligation of loyalty toward him, so that's not cool". But is Facebook public when you restrained the access to your page ?
In the physical world, you can't fire an employee because you heard he said something about you in private and behind your back. Just because Facebook is accessible through a computer, does it mean it's not private anymore ?
We all know we have to be careful about what we post and who we add as friends, but legally, can we say that posting something on a private profile is the same as posting something on a blog that everybody can visit ?
What do you think ? Should these employees have been fired ?
PS: I really tagged myself on an Irish seal.